JUDGMENT :

1. The appellant – State of Gujarat has preferred the present appeal under Section 378(1)(2) of Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 13.06.2006 passed by the learned Special Judge and Fast Track Judge, Court No.1, Dahod (hereinafter be referred to as “the Trial Court”) in Special Case No.2 of 2004 whereby the Trial Court has acquitted the respondent – original accused for the offence punishable under Sections 7, 13(1)(d) and 13(2) etc of the Prevention of Corruption Act, 1988 (hereafter be referred to as “the Act”).

2. Brief facts giving rise to the present appeal are as under:-

2.1 In the month of January 1999, present accused was serving in the office of D.S.P, Dahod as a junior clerk and the complainant Madhusinh Mohansinh was serving as a head constable in the Dahod District under the control of D.S.P, Dahod and as he wanted to retire voluntarily from his service, he had preferred an application to the Director General of Police, Gujarat State, and accordingly his application was accepted and he was relieved from his service from effective date 30.04.1998. Further it is the case of the complainant that though he has to get all benefits of his service like pension, gratuity, and insurance amount etc., he went to D.S.P. Office, Dahod for the grant of pension after one month of his retirement and met junior clerk Shri Kanchanbhai in D.S.P. Office on his table. On his inquiry, the clerk Shri K. D. Solanki (accused) told him that “if he wanted to prepare pension papers quickly then he has to pay Rs.200/- to him. At that time, the complainant paid Rs.200/ to K. D. Solanki, so the accused told him that now, the pension papers would be prepared within short time and thereafter again on 11.12.1998, the complainant met the accused in the D.S.P. Office and inquired about his pension papers. The accused told him that he has committed mistake in demanding only Rs.200/- for such type of big work and he told that for said work Rs.1000/- is required to be paid to him. It is alleged that the complainant told him that till he has not received a single rupee of pension so he will pay amount when he will get pension amount. Thereafter, the accused told the complainant that he will do his work, but he has to pay total Rs.1000/- including Rs.200/- given to him. Further, the accused told the complainant that next time when he called him he has to come in the office with the amount as demanded and thereupon, the complainant gave his telephone no. 20154 to the accused. Thereafter on 04.01.1999 in the Noon, the complainant received telephone of accused and he told him to come at the D.S.P. Office, Dahod on Tuesday with Rs.200/- and, therefore, again the complainant told the accused that till he has not received any amount of pension and accused told that if he wanted then he can pay Rs.100/ instead of Rs.200/ and remaining amount of Rs.700/ after he will receive pension amount.

2.2 As the complainant was not willing to pay any more amount as bribe to the accused, he immediately rushed to A.C.B Police Station, Godhara on 05.01.1999 and lodged the complaint before the Police Inspector, A.C.B. Police Station. On the basis of the said complaint, P.I. Mr.V. M. Paragi arranged the trap and accordingly, called two panchas from the office of District panchayat, Godhara and the panchas were posted with the said complaint and instructed to accompany him, accordingly both the panch witnesses shown their willingness to be panch witness in trap. Thereafter as per instruction given by P.I., the complainant produced one currency note of Rs.100/- the number of which was noted down in the panchnama. Thereafter usual anthrecene powder test prior to the smearing it with currency note and thereafter applying the same ultimately it placed in the left hand side pocket of bush-shirt of the complainant, which was put by Head Constable Andarsinh. Thereafter P.I. firstly instructed the complainant that till the amount of bri